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Could New FDA Commissioner Lift Drug Label Restrictions?

While the Food and Drug Administration (FDA) is charged with supervising a wide array of public health concerns that include blood transfusions, radiation-emitting devices, tobacco products and even cosmetics, many know the government agency for the regulation of prescription and over-the-counter dr

By Legal Examiner Staffer

/ 17 Oct 2017

Could New FDA Commissioner Lift Drug Label Restrictions?

Failed Trial Shows Xarelto Riskier, No More Effective Than Aspirin

Xarelto has been connected to an increased number of uncontrollable bleeding events, primarily because there is no approved antidote for patients who use the medication, and many of the side effects associated with the drug have been particularly serious because the bleeding cannot be successfully c

By Legal Examiner Staffer

/ 16 Oct 2017

When Can a Jury Infer Discriminatory Intent from a Company’s Actions?

The United States Court of Appeals for the Tenth Circuit determined the answer in Barrington v. United Airlines, Inc., No. 16-1292 (10th Cir. 2017). Jaymee Barrington (“Barrington”) had worked at United Airlines, Inc., (“United”) for approximately 25 years. In 2011, she became an Airport Operations…

By T. Thomas Metier

/ 16 Oct 2017

New Legislation Leaves Out Big Trucks on Topic of Driverless Technology

October 4th marked the passing of bipartisan legislation by the U.S. Senate Committee on Commerce Science and Transportation on the subject of government support for self-driving technology—yet, despite numerous proposals from advocacy groups, the Committee purposely crafted the law to omit large tr

By Legal Examiner Staffer

/ 16 Oct 2017

Can the Court Exclude Expert Testimony as a Sanction When the Underlying Report Fails to Meet the FRCP Requirements?

The Supreme Court of the State of Colorado answered that question in Catholic Health Initiatives Colorado d/b/a Centura Health – St. Anthony North Hospital v. Earl Swensson Associates, Inc., (2017 CO 94). In March 2016, Catholic Health filed suit against architectural firm Earl Swensson Associates…

By T. Thomas Metier

/ 13 Oct 2017

Survey Says: Sophomores Are Safer Drivers Than Seniors

A recent survey conducted by Liberty Mutual Insurance and Students Against Destructive Decisions (SADD) found that older teen drivers—specifically high school seniors—were involved in more accidents and near misses and were more likely to exhibit risky driving behavior than their sophomore peers. Th

By Legal Examiner Staffer

/ 12 Oct 2017

When an Arbitration Claim is Made in Both State and Federal Courts, Is It Considered the Same for Res Judicata Purposes?

The United States Court of Appeals for the Tenth Circuit had a chance to determine that in Fundamental Administrative Services, LLC; Fundamental Clinical Consulting, LLC v. Seth T. Cohen, as Personal Representative for the Estate of Tessie Hammann, deceased; VICKI MONTANO, No. 17-2025, (D. N.M.,…

By T. Thomas Metier

/ 11 Oct 2017

Medical Negligence: Newborn Strokes That Can Cause Brain Damage

Strokes that occur at or near the time of birth are often overlooked as a significant contributing factor to cerebral palsy. Perinatal stroke is a known cause of long-term neurological impairment. These strokes are caused by a disruption in blood flow to a major cerebral…

By Legal Examiner Staffer

/ 10 Oct 2017

Medical Negligence: Newborn Strokes That Can Cause Brain Damage

MDL Court Denies Cook Medical’s Motion for Summary Judgment as to the Defective Design of its IVC Filter and Finds that Defendants Argued the Wrong Law

With less than two weeks before the start of the first bellwether trial in the Cook Medical IVC multidistrict litigation, on October 10, 2017, the Court issued an Order denying Defendant Cook’s Motion for Summary Judgment as to negligence and strict liability design defect claims. The denial was at

By Legal Examiner Staffer

/ 10 Oct 2017

Does a Trial Court Have the Authority to Preclude Testimony as a Discovery Sanction?

The Nebraska Supreme Court sorts out this question in Putnam v. Sherbring et al., (297 Neb. 868). To enforce progression orders in an automobile negligence case, the district court excluded untimely disclosed expert opinions about medical bills. Relying upon our decision regarding a discovery sancti

By T. Thomas Metier

/ 9 Oct 2017

Current Opioid Laws Do Little for Those Born Into Addiction

In the Appalachian region of Tennessee, local lawmakers and law enforcement officials have watched legislation fall short when it comes to protecting the youngest victims of our current opioid crisis. Specifically, newborns suffering from neonatal abstinence syndrome (NAS)—a collective term given to

By Legal Examiner Staffer

/ 9 Oct 2017

Nevada Reels from Tragic Shooting

Here in Nevada there’s a feeling of collective traumatization. I’ve only felt like I felt on 9/11 one other time, and that was yesterday when I learned of this senseless event. It’s a feeling that nothing will ever be the same. It’s a feeling of something…

By Legal Examiner Staffer

/ 3 Oct 2017